Sick leave before voluntary dismissal. Dismissal of an employee while on sick leave (nuances)

Dismissal while on sick leave at the initiative of the company is impossible. However, there are certain nuances to this issue that you need to be aware of. We will tell you about them in this publication.

Dismissal of an employee on sick leave at the initiative of the employer

Often employees worry that during frequent periods of incapacity, the employer may decide to terminate the employment contract. These fears are groundless - according to Part 6 of Art. 81 of the Labor Code of the Russian Federation, a company cannot fire an employee during his vacation or illness. Violation of this norm of labor legislation is fraught for the company with a fine of 30,000 to 50,000 rubles, and an official or businessman will pay 1,000-5,000 rubles for violation. (Article 5.27 of the Code of Administrative Offenses of the Russian Federation).

It should be kept in mind: if an employee decides to quit and falls ill on the same day, the employer cannot require the employee to work for two weeks after recovery. In this case, the employer is obliged to pay the employee sick leave, because the law does not provide for the suspension of a two-week period for the period of illness. Since the disability occurred while the employee was working for the company, the company must pay benefits depending on the employee’s insurance coverage.

Employees often take advantage of this by obtaining a certificate of incapacity for work from the doctor so as not to work the required two weeks. There is a precedent when the court considered such behavior of an employee to be an abuse of his rights and protected the employer by canceling the fine for dismissal while on sick leave(resolution of the Plenum of the Supreme Court dated March 17, 2004 No. 2).

At the same time, the law establishes that upon liquidation of a company or individual entrepreneur, all employees: both healthy and sick, lose their place of work (Clause 1, Part 1, Article 81 of the Labor Code of the Russian Federation). In this case, the employer is obliged to issue an order and, against signature, familiarize all employees with the upcoming closure of the company at least 2 months in advance (Part 2 of Article 180 of the Labor Code of the Russian Federation). If the company was liquidated and the employee did not manage to receive benefits from the employer, then he needs to apply to the Social Insurance Fund for payment (clause 4 of article 13 of law No. 255-FZ). Within 10 days after the application, the fund will pay for sick leave.

The material will tell you more about what other personnel procedures need to be carried out when liquidating a company. .

Another situation in which dismissing an employee on sick leave is legal is if a fixed-term employment contract was concluded and the employer warned the employee three calendar days in advance that he was not going to renew it (Article 58, Article 79 of the Labor Code of the Russian Federation). In this case, the employer will fully pay the employee for sick leave in accordance with the insurance period and dismiss him on the day the fixed-term employment contract ends. Moreover, if the contract was concluded for a period of less than six months, then the employee can be paid for a maximum of 75 calendar days of incapacity for work. If the term of the employment contract was more than 6 months, then the entire period of illness is subject to payment (Article 6 of the Law of December 29, 2006 No. 255-FZ “On Compulsory Social Insurance”).

Important ! If you do not notify the employee three days before terminating a fixed-term employment contract, then the contract is considered unlimited. Then it will not be possible to fire a sick employee, and the court will side with the employee in the event of a conflict (Resolution of the Federal Antimonopoly Service of the North Caucasus District dated August 23, 2011 No. A32-6455/2010).

Dismissal during sick leave at your own request

An employee can resign at will, even while on sick leave. If he is still ill on the day of dismissal, the employer should not postpone the date of dismissal and wait until the employee recovers. On the date of dismissal, the employer is obliged to issue the employee a work book and a certificate of the amount of earnings in the form of Order of the Ministry of Labor dated April 30, 2013 No. 182n, pay wages and compensation for unused vacation.

If the employee cannot appear and pick up the documents, then he is sent a registered letter asking him to come to the enterprise. But the company will pay for the certificate of incapacity for work after the employee gets it from the doctor and brings it to the company. The benefit is paid in full for all days of illness in accordance with the insurance period (Clause 2, Article 5 of Law No. 255-FZ of December 29, 2006).

Important ! There are situations when an employee is seriously ill and his relatives, on their own behalf, but with a power of attorney from the employee, demand termination of the employment contract. It is impossible to dismiss an ill employee at your own request on the basis of an application signed by a person authorized to do so by a power of attorney - the court will recognize such dismissal as illegal and will oblige you to reinstate the employee in his position and pay wages for the period of forced absence (rulings of the Moscow City Court dated August 13, 2010 No. 4g /3-7015/10, dated 02.14.2013 No. 4g/5-595/13, St. Petersburg City Court dated 02.11.2011 No. 33-16328/2011).

Separately, we would like to draw your attention to the dismissal of an employee who was injured at work while on sick leave. Such an employee can also resign of his own free will at any time during illness, but the company must pay him benefits for the entire period of temporary disability in the amount of 100% of average earnings. The upper limit of the benefit amount for a calendar month is limited by social insurance and cannot be more than the maximum monthly insurance payment established for the current year, multiplied by 4: in 2016, from February, this amount will be 69,150 rubles. × 4 = 278,040 rub. (clause 2 of article 9 of the law dated July 24, 1998 No. 125-FZ “On compulsory social insurance against accidents”, clause 1 of article 6 of the law dated December 1, 2014 No. 386-FZ “On the budget of the Social Insurance Fund of the Russian Federation”, taking into account indexation on the basis of clause 1 of the Decree of the Government of the Russian Federation dated January 28, 2016 No. 42).

An employee has the right to payment for sick leave within six months after the doctor closes the sick leave. The accounting department is obliged to calculate the amount of benefits payable within 10 calendar days from the date of receipt of the sick leave. Pay - on the next payday after the benefits are accrued.

The employer withholds personal income tax from the benefit amounts and transfers it to the budget as the employee’s tax agent. Only the first three days of the employee’s illness are paid at the employer’s expense; the payment for subsequent days is reimbursed by social insurance.

To dismiss an employee while on sick leave at his own request, the following documents must be completed:

statement from the employee;
manager's order of dismissal;
certificate of calculation of temporary disability benefits;
order for payment of benefits;
certificate of the amount of earnings in the form of order of the Ministry of Labor dated April 30, 2013 No. 182n;
if an employee decides to receive a work book by mail, then he must submit an application to the enterprise;
if benefits are paid from the cash register, then an order is drawn up to deposit the benefit amounts, as well as other payments due to the employee - until he is able to come for the money.

An example of calculating payment for a certificate of incapacity for work

Employee Potashev caught a cold in March 2015. During an examination at the hospital, the doctor discovered a formation on Potashev that required immediate surgical intervention and further long-term solution. Potashev decided to quit to focus on his health. On March 11, he went to the hospital for treatment, and on March 16, Potashev handed over to the manager a handwritten letter of resignation. Potashev was discharged from the hospital on March 26, 2015 with a closed certificate of incapacity for work. The number of days of Potashev’s illness is 16. Potashev earned 356,000 rubles in 2013, and 384,000 rubles in 2014. Potashev's insurance experience is 25 years. He did not work in other places, he worked full time in this company, and has no excluded periods from the calculation.

The employer is obliged to pay Potashev benefits for all days of illness in accordance with the insurance period, since Potashev was not fired at the time of the onset of incapacity. The benefit amount will be:

(356,000 + 384,000) / 730 days × 100% (since the experience is more than 8 years) × 16 days = 16,219.20 rubles.

Of this, the employer will pay for the first three days of illness - 3,041.10 rubles.

Don’t forget - you need to withhold income tax from sick leave amounts; more about this in the article .

Personal income tax from sick leave amounted to 2,108.5 rubles.

In total, Potashev will receive 14,110.7 rubles on a certificate of incapacity for work.

In Potashev's work book, the employer made an entry about the employee's dismissal on March 30 - two weeks after receiving the application. Since Potashev came for the documents on his own, the accounting department gave him a work book and a certificate of the amount of earnings. Benefits, wages and compensation for unused vacation were transferred to the employee’s bank card.

Results

No matter how many days you are sick, the employer cannot fire you, unless, of course, you are working under a fixed-term employment contract or your company is closing. The materials in our section will help you understand your rights as an employee and responsibilities as an employer in different situations.

Is it possible to fire someone who is on sick leave? employee- the question is ambiguous. Let's study how it is regulated by labor legislation and considered in legal disputes.

Is it possible to dismiss an employee during sick leave at the initiative of the employer?

Is it possible to fire someone on sick leave? employee and on what basis? It all depends on whose initiative it is - the employee or the company.

The labor legislation of the Russian Federation does not contain norms that allow an employer, on his own initiative, to dismiss while on sick leave full-time employee. The only legal options for terminating an employment relationship with a person who has gone on sick leave may be:

dismissal by agreement of the parties;
termination of an employment contract at the request of an employee who wishes to resign.

Certain specifics characterize the legal consequences of an employer’s decision to reduce staff in a situation where a person goes on sick leave. Let's study this nuance in more detail.

Can a person be fired due to redundancy while he is on sick leave?

Really, Is it possible to fire a person on sick leave?, if he somehow has to be fired due to downsizing?

Dismissal as part of a reduction is a procedure initiated by the employer. An employee, unless otherwise expressly prescribed by law, generally does not have the opportunity to prevent layoffs (but also receives sufficient preferences - in the form of a good severance pay).

However, one of those cases when an employee who has been laid off cannot be fired is when he is on sick leave. While he is being treated, the company does not have the right to lay him off (that is, remove the position occupied by the employee from the staffing table) and, as a result, fire him.

Accordingly, as long as the employee is on staff, he is paid sick leave - in the same amount as if he were not subject to reduction.

However, as soon as a person returns to work from sick leave, the legal consequences of the employer’s decision to lay off may occur. In this case, the moment of opening and closing the sick leave plays a role.

Opening and closing sick leave: what do they affect upon dismissal?

When considering the relationship between sick leave and dismissal, one should fundamentally separate two legal mechanisms (employer obligations):

to keep an employee on staff while he is on sick leave;
payment of sick leave to an employee.

The implementation of these mechanisms is not always the same. The fact is that an employee who resigned for one reason or another (including layoffs) and fell ill within 30 days after dismissal has the right to claim compensation for sick leave from the former employer. True, it is paid in a smaller amount.

Thus, a person who falls ill after a layoff will not be on the payroll for 30 days, but will receive sick pay.

However, if sick leave is open before the termination of the employment contract due to layoff (even on the employee’s last day of work), this circumstance immediately extends the validity of the employment contract for the duration of the sick leave. Dismissal of an employee on sick leave, even with staff reductions is impossible.

Moreover, as soon as the sick leave is closed, the legal consequences of the decision to lay off will begin. The recovered employee will have to go to the company’s personnel service and settle the formalities associated with his dismissal.

While on sick leave, the employee was fired: legal consequences

What should an employee do if, while he was on sick leave, his employer fired him? Can they be fired while on sick leave? a person who has been laid off?

If we read the legislation literally, we will be talking about a direct violation of labor law norms of the Russian Federation. Dismissal of an employee on sick leave, as we already know, is not allowed by law.

First of all, the employee needs to contact the Labor Inspectorate with documents confirming that he was on sick leave on the date of dismissal, as well as documents certifying the fact of dismissal. If the violation is obvious to the department’s specialists, they will issue an order to the employer to reinstate the employee in his position (with payment of salary for downtime).

IMPORTANT! The instructions of the Labor Inspectorate are mandatory. If the company ignores them (does not fulfill them within the prescribed period), the department will have grounds for an unscheduled inspection of its activities.

Another option is when the employer allows dismissal of an employee on sick leave, - going to court. Its advantage lies primarily in the ability to recover moral damages from the employer (not counting wage charges). Let's consider how large the corresponding amount can be, as well as what is the likelihood of its award.

Dismissal while an employee is on sick leave: judicial practice

The precedent reflected in the cassation ruling of the Moscow City Court dated July 22, 2010 No. 33-22024/10 is noteworthy. The employee, having learned about the upcoming layoff, attempted to resign early due to the layoff in the manner prescribed by Art. 180 Labor Code of the Russian Federation. But the employer each time refused to accept his statement of consent to early dismissal.

One day (at that time, the 2-month period from the date of notification of the employee about the layoff had not yet passed), the employee fell ill and left work about 1.5 hours early due to poor health. I immediately went to the doctor and took out sick leave. The employer, however, fired him for absenteeism and did not reinstate him even after sick leave was granted.

Can an employee who is on sick leave be fired?, for absenteeism, according to the courts?

This procedure will most likely be considered illegal. The court in this dispute ruled that the employer’s actions were unlawful because:

at the time of dismissal the person was on sick leave;
there was no evidence that the employee deliberately concealed his illness;
Leaving work 1.5 hours early is not considered absenteeism.

As a result, the employer was charged:

amount for forced absenteeism of a dismissed employee (more than RUB 399,000);
compensation for moral damage (RUB 5,000).

Can a person who is on sick leave be fired? for late submission of a certificate of incapacity for work to the employer?

The answer to this question is reflected in the ruling of the Moscow Solbsud dated January 25, 2012 No. 33-601/2012. It also talks about dismissal of an employee on sick leave.

The employee was laid off. He was warned 2 months earlier, but the employer committed a number of violations (discovered by a literal reading of the Labor Code of the Russian Federation):

did not offer the employee alternative vacancies;
did not provide the employee with a work book immediately after the layoff;
dismissed an employee while on sick leave.

In connection with these circumstances, the employee filed a lawsuit against the company, demanding reinstatement at work, compensation for simple and moral damage. The court of first instance, notably, sided with the employer because:

the employee was not offered any vacancies due to the absence of any (this was confirmed by the company’s staffing table);
the employee, according to the court, used sick leave, abusing his own right, without informing the employer that he was going on sick leave (with his knowledge that a reduction would be made during the period of sick leave).

In addition, the court took into account that after returning from sick leave, the employee did not show up for work, but went to another area for a month, that is, he did not immediately provide a certificate of incapacity for work.

The cassation upheld the decision of the trial court.

Thus, then Can they be fired while on sick leave? full-time employee, is not in all cases determined by a direct reading of labor legislation.

Results

Dismissal while an employee is on sick leave is possible only with his personal consent or initiative. With open sick leave, dismissal of an employee due to layoff is impossible.

But if an employee abuses the right to protection from dismissal during layoffs due to sick leave, the employer can fire him and prove his case in court. Thus, Is it possible to fire someone while on sick leave?, in many cases determined through detailed interpretation of labor laws.

You can learn more about employee dismissal issues from the following articles:

;
.

In the practice of any manager, a situation arises when it is necessary to fire an employee who “at the most inopportune moment” went on sick leave. The reasons for this may be different, but whatever they are, the employer should treat the issue with full responsibility.

Labor legislation of the Russian Federation is constantly changing. What employers could afford, say, 10 years ago, today is fraught with lost courts, monetary penalties and labor inspections. It is worth spending a little time and understanding in advance the issue of dismissing an employee who is on temporary disability leave (in other words, “on sick leave”).

Dismissal at the initiative of the employer's management

The Labor Code of the Russian Federation clearly does not allow unilateral dismissal during illness on the initiative of management. Even in cases where there are such serious grounds for this as specified in Article 81 of the Labor Code of the Russian Federation, such as absenteeism, showing up at work while drunk, or regular failure to fulfill job duties. This prohibition was introduced into the Labor Code of the Russian Federation by Federal Law No. 90-FZ of June 30, 2006.

An exception is made only for two cases:

if a legal entity has entered into the process of liquidation (bankruptcy);
if an individual entrepreneur has begun the process of terminating his activities.

It should be noted that in the event of a partial reduction in the staff of an organization or individual entrepreneur, this exception no longer applies.

It also does not apply to the situation when the management of an organization - its head, deputy directors and chief accountant are removed from their positions due to a change in the owner (founder) of the legal entity.

The position of the Labor Code of the Russian Federation on this issue is also supported by the Plenum of the Supreme Court of the Russian Federation in its Resolution No. 2 dated March 17, 2004. Therefore, if an employee on sick leave was fired at the initiative of the employer, and the organization did not enter the liquidation phase, he can be guaranteed to be reinstated in the workplace through the courts.

It is also possible that the employee was quite rightfully dismissed on the initiative of management, but on the day of the planned termination of the employment relationship or before that day he went on sick leave. Here, the management of the organization also does not have the right to formalize dismissal during sick leave and is forced to wait for the return of its employee.

Only after this, having properly issued a sick leave certificate, signed the order and made the necessary payments, the head of the organization can finally issue a work certificate with the appropriate mark.

In the event that the decision to dismiss was made by bilateral agreement between the employee and management, dismissal can be carried out during the period of his temporary disability, because in this case, there is no unilateral initiative to terminate the employment contract on the part of management.

At your own request

A slightly more complicated case is voluntary dismissal during illness. Let's consider possible situations.

An employee who had been on sick leave for some time decided to resign by submitting a notice. He can do this by sending an application, including by registered mail. The Labor Code of the Russian Federation does not limit him in this possibility. If during the 14-day period of service he appears at his official place, then payments for sick leave are made to him in the usual manner, and the work record is issued on the day of dismissal from the organization.

The employee went on sick leave after he submitted the application and managed to return to work before the end of his work period. This situation is, in principle, similar to the previous one.

In the two cases mentioned above, a moment may arise when the employer demands to increase the period of work by the number of working days that the employee spent on sick leave. Is this legal? The answer was given by the Federal Service for Labor and Employment in letter dated September 5, 2006 No. 1551-6. It establishes that an employee has the right to apply for termination of employment unilaterally during a period of temporary disability or while on vacation.

He can also withdraw such application within 14 days and not be dismissed as a result, except for the case when they managed to hire an employee in his place, who, in accordance with the Labor Code of the Russian Federation, cannot be refused employment. In addition, the date of dismissal may also fall during these periods (sickness absence or vacation), from which we can conclude that the employer is directly obliged to dismiss his employee on the date specified in the application and does not have the right to demand any additional work.

What should you do if the sick employee does not return to his place before the 14-day period of work expires? The development of the situation in this case is regulated by Art. 84.1 of the Labor Code of the Russian Federation, which instructs the employer, on the day of termination of the employment relationship, to send a notification by mail to the now former employee that he can receive his work book. The organization does not have the right to send labor by mail without first obtaining the employee’s written consent to do so.

How is sick leave paid in the above cases?

The answer to this question is given by Federal Law No. 255-FZ of December 29, 2006. It obliges employers to issue sick leave and pay for it even if, at the time of closure of this sick leave, the employment relationship with the employee has already ceased. Article 5 of the above law obliges the employer in this case to make payments for sick leave within a period not exceeding 30 days from the date of dismissal of the employee. The only limitation will be that sick leave is paid in an amount not exceeding 60% of the average monthly earnings.

In practice, a case may arise when an employee does not immediately apply for cash payment for sick leave. The specified Federal Law No. 255-FZ provides him with a period of 6 months for this, starting from the moment of restoration of working capacity.

To summarize, the employer can be advised to be extremely careful when dismissing “sick” employees, because In this case, the legislation takes the side of the dismissed person. Even the dismissal of an inveterate truant is fraught with lost claims and a damaged reputation if, at the time of termination of the contract, he will be improving his health “undermined” by an undisciplined lifestyle!

Employers do not favor employees who are in poor health, so people who are often sick worry about the possibility of losing their jobs. It happens that the need to resign voluntarily arises when a person is on sick leave. In any case, issues of changing the labor status of a temporarily disabled person require additional clarification.

Can a specialist be fired on sick leave without his consent? The answer is clear: the company does not have the right to initiate the dismissal of an employee with an open sick leave certificate in hand (Part 6 of Article 81 of the Labor Code).

If the administration applies grounds for disciplinary offenses committed before leaving for treatment, or unsatisfactory certification results, the person has the right to go to court. And it will be restored after consideration of the dispute with compensation for losses incurred.

In addition, you face a fine for an illegal decision (Article 27 of the Administrative Code):

for a legal entity – 30-50 thousand rubles;
to an official or individual entrepreneur – 1-5 thousand rubles.

However, voluntary dismissal during sick leave is permitted by law.

An employee can any day

In practice, this question often arises when a person decides to change his job and submits an application to the personnel department with an obligation to work for 2 weeks. But a sudden illness ruins all plans, and the candidate for dismissal issues a certificate of incapacity for work.

Some enterprises extend working hours after the employee recovers. Such actions are unacceptable. The law obliges an employee to notify the administration of his upcoming dismissal 2 weeks in advance, even if he is ill or on vacation. Therefore, sick leave automatically falls within the working period.

If the treatment has exceeded the period established for working off, the employee can visit the enterprise solely to receive a payment and labor documents.

Another situation when dismissal during sick leave is allowed is termination by agreement of the parties.

By coincidence, the day of termination of the parties’ legal relationship falls during the employee’s illness. To process the settlement, the employer must wait until the employee recovers and dismiss the employee according to the general rules:

an order of dismissal is issued with justification for the reason;
documents for settlement are prepared;
accruals and final settlement are carried out;
a work book is issued.

At his own request, a person on sick leave can withdraw his application, as well as the expiration of the agreement.

A person will be able to resume work in their previous position if the company has not yet committed to employing a new employee. Moreover, with the mandatory issuance of written guarantees to the candidate.

When can an employee be fired without his consent?

Liquidation of the enterprise

This process is not affected by the moratorium on dismissal. According to the norms of Part 1 of Art. 81 of the Labor Code, all specialists, regardless of their condition, lose their jobs. The employer is obliged to inform its staff about upcoming changes no later than 2 months before the planned closure.

If the liquidation occurred during sick leave, disability benefits will be calculated and paid by the Social Insurance Fund (Federal Law 255).

Fixed-term employment agreement

The document has a closing date. If it occurs during the employee’s treatment period, the employer warns within 3 days about the termination of the employment relationship. Payment for a used certificate takes into account the length of insurance and the duration of the contract:

the agreement is valid for up to 3 months – paid for up to 75 days of sick leave;
the employment relationship lasted from six months - sick leave will be paid in full (Article 6 of Law 255-FZ).

Submitting an application

Is it possible to resign while on sick leave by submitting an application not in person, but by mail? The law allows both methods of interaction with the administration. It all depends on the nature of the treatment and the health status of the patient:

if the diagnosis is serious, the person is in a hospital - then mail or courier. Remember, an employer can purposefully look for violations in order to fire a person without paying a salary sheet;
during outpatient treatment, it is better to visit the place of work with the permission of the attending physician.
Is it possible to submit an application while on sick leave with consent to receive work mail? If it is not possible to visit the personnel department of the enterprise, then it is definitely worth doing. Otherwise, you will have to enter into lengthy correspondence with the administration regarding personal appearance for documents. The company will still remind you of the written agreement with the OK on the procedure for delivering labor documentation (labor book and dismissal order).

Sick leave payment

Calculation of sick leave when a specialist resigns at his own request occurs on general principles. The person will receive full compensation as if he had continued his employment relationship with the company.

There are features of the payment period. They will support your personal budget during temporary absence from work.

If a specialist does not show up at the workplace on the day of dismissal, according to Law No. 255, the employer will terminate the dismissal on time, as indicated by the author of the application. Everything here is legal, since the administration has no right to change this date without permission. The person continues treatment according to the medical protocol. The closed certificate of incapacity for work must be submitted to the former employer within 6 months. The accounting department is obliged to calculate and transfer the benefit within 10 days from the date of receipt of the document.
The company will not permanently part with the employee for another month if the employee falls ill again within 30 days after dismissal. Your former employer will have to compensate for your sick leave. There is only one condition: the patient’s unemployed status.

What documents are drawn up:

Application from the person leaving the service;
dismissal order signed by management;
payment sheet for temporary disability;
order to assign compensation;
certificate of earnings in the form of the Ministry of Labor (pr. No. 182-n);
employee statements on the procedure for issuing a work book.

No one will fire an employee on sick leave, no matter how long the illness lasts. The exceptions are fixed-term employment contracts and the closure of an enterprise. If rights are violated, you must contact the labor inspectorate and the court.

Is it possible to quit while on sick leave? This topic is currently of interest to both employers and, accordingly, employees. Severance of labor relations during a period of sick leave is possible only on the basis of the employee’s initiative. This situation can have different options. For example, an employee initially wrote a statement about ending his employment contract with the employer, and then fell ill, or got sick and, while on sick leave, decided to quit. Or, going on sick leave occurred on the very day when the application for termination of the employment relationship was submitted. Taking into account all these options, the employer is obliged to correctly dismiss the employee at his own request during sick leave. In addition, the initiative of the institution employee in this case also includes the agreement of the parties.

Dismissal of an employee during illness at his own request

An employee can resign at his own request while on sick leave by notifying the employer 2 weeks in advance. It may happen that he falls ill during these two weeks, then the sick leave does not interrupt the specified period and there is no need to re-apply for dismissal.

Also, the employer has the right to terminate the contract with the employee based on his application if the deadline that was specified has arrived and the employee of the company is still ill. Then the dismissed person must provide a closed medical certificate of incapacity for work for calculation.

In practice, quite often a situation arises where an employee of an organization does not want to work the two weeks allotted to him before dismissal, so he submits a letter of resignation and goes on sick leave due to illness. In such cases, the manager sometimes demands that you work for the required period after recovery.

A detailed explanation about this issue was given by Rostrud, which believes that the employer’s demands are unreasonable - if the employee warned about this 14 days before dismissal, then the date of dismissal from the place of professional activity can in no case be postponed to another day according to the employer’s initiative. The department also indicates that the date of dismissal may well coincide with a period of vacation or release from work due to illness.

Dismissal on sick leave at one's own request occurs after the employee has recovered and returned to the enterprise. The manager must immediately fill out a sick leave form and only then formalize the dismissal.

Dismissal of one's own free will during sick leave must be accompanied by the issuance of a work book. It does not need to be sent by mail immediately, but it is necessary to send a notice that the dismissed employee must pick it up or give his consent to be sent by mail. The employer is released from liability regarding the untimely issuance of the work book from the very day he sent the specified notice.

Dismissal of an employee of an institution on sick leave based on the initiative of the employer

Is it possible to fire an employee who is on sick leave? The answer to this question is Art. 81 of the Labor Code of the Russian Federation - dismissal of an employee of an institution based on the initiative of the employer during the period of his incapacity for work or vacation is not allowed. Even if the employee fell ill on the day on which he was supposed to be fired, this procedure will have to be postponed until he recovers.

If it happens that an employee does not appear at his legal workplace for a long time, but reports by phone that he is ill and is taking sick leave, then until the final reasons for his absence are clarified, the manager cannot remove him. In case of such dismissal from the place of professional activity, any court will take the side of the employee and reinstate him, and the employer will pay for the forced absence. What should an employer do in a situation where there is no one to work? You can hire another person to replace a sick mercenary before the main employee returns to the company, concluding a fixed-term employment contract or agreement.

Art. 81 of the Labor Code of the Russian Federation states that it is possible to dismiss an employee who is on sick leave at the initiative of the employer only upon liquidation of the enterprise or upon termination of activities by the entrepreneur.

Calculation upon termination of employment during sick leave

According to Art. 140 of the Labor Code of the Russian Federation, on the day of termination of the employment contract (agreement), the manager is obliged to make a payment upon dismissal of his own free will, if there is sick leave, and is also required to pay compensation (reimbursement) for unused vacation (part one of Article 127 of the Labor Code of the Russian Federation). If an employee of an institution is ill on the day of his dismissal and cannot come for payment, then the amount due to him must be paid no later than the next day after he submits a request for payment.

Since the insured event (illness) occurred during the period of work under an employment agreement, the employee of the enterprise has a legal right to temporary disability benefits. There are general rules according to which, in case of injuries and illnesses, temporary disability benefits are paid for the entire period of short-term disability until the end of the sick leave. In Part 1 of Art. 9 of Law N 255-FZ specifies the periods for which short-term disability benefits cannot be awarded. The benefit is paid for the entire period until the closure of the ballot, including the days after the date of dismissal.

Part 2 Art. 7 of Law N 255-FZ states that benefits for short-term inability to work due to injury or illness are paid in the amount of 60% of average earnings if a person falls ill within 30 calendar days after completion of work under an employment agreement. Due to the fact that in this situation the insured event occurred before the termination of the employment relationship, the benefit is paid in the usual amount, since it depends on the length of insurance coverage.

To assign and then pay benefits for short-term inability to work, the insured person must provide a sick leave certificate, which must be issued by a medical institution. Part 1 art. 15 of Law N 255-FZ clearly establishes that the insurer must assign temporary disability benefits within 10 calendar days from the date the insured person applies for it with the necessary documents. The policyholder makes the payment of benefits on the nearest day after the assignment of benefits, which is set for the payment of wages.

p>Summarizing everything written above, we can come to the following conclusion: if an employee provides sick leave at the time of termination of the employment contract, then the employer undertakes to pay the benefit on the day of his departure. But if an employee of an enterprise does not provide a sick leave certificate at the time of dismissal, then the employer undertakes to pay the benefit on the next day that is set for the employer to pay wages.

So, the answer to such a pressing question for today: “What to do with the calculation when leaving at your own request if you have sick leave?” may be as follows: in accordance with the Federal Law “On Compulsory Social Insurance in Case of Temporary Disability and in Connection with Maternity,” sick leave, which is open to an employee of the company, is paid to him on a general basis. And this does not depend on whether the employment relationship was preserved at the time of its closure or not.